Depoimento especial da vítima criança e adolescente e produção da prova nos casos de violência sexual: uma análise a partir da ecologia de saberes

Abstract

In this thesis, it was sought to analyze if the criminal court testimony of the children and adolescents victims of sexual violence, as a means of producing evidence, fit the metonymic rationality, moving away from the ecology of knowledges. The metonymic rationality and the ecology of knowledges are global southern epistemological categories of analysis, created by the sociologist Boaventura de Sousa Santos (2002). According to SANTOS (2002), metonymic rationality is characterized by the pretension to establish a total and exhaustive truth, while the ecology of knowledges, fruit of the sociology of absences, is an instrument to counteract this rationality. The ecology of knowledges is composed of the radical co-presence between knowledge - including common wisdom - the principle of incompleteness of all knowledges and the precautionary principle, which provides for the participation of different groups of people to discuss a theme, expressing the positioning of various knowledges (SANTOS, 2002). Based on this, the following research problem was established: does the criminal court testimony of children and adolescents victims of sexual violence, as a means of producing evidence, distance themselves from the ecology of knowledges, approaching the global north metonymic rationality? After that, the hypothesis was defined: the criminal court testimony of children and adolescents victims of sexual violence, as a means of producing evidence, departs from the ecology of knowledges concept. For the development of the general objective, problem and the hypothesis’ support, the specific objectives were to address the Brazilian socio-historical context on violence against children and adolescents, with emphasis on sexual violence, present criminological and victimological considerations, deal with the global northern obsessive punitivism, addressing the search for truth and producing evidence, analyze the criminal court testimony and propose the realization of psychological listening of children and adolescents victims of sexual violence because this technique of psychological listening is aligned with the ecology of knowledges and integral protection. This qualitative research was conducted by the deductive reasoning. As research techniques, it was opted for the bibliographic and documentary techniques. It was adopted the content analysis technique for the State of Rio Grande do Sul Court of Justice judgments analyses on children and adolescents victims of sexual violence and criminal court testimony. The development of the research demonstrated that the search for real / total / exhaustive truth in the practice of criminal court testimony, being influenced by the metonymic rationality, leave aside the children and adolescents victims of sexual violence integral protection. It was verified, through bibliographic study and content analysis, the judicial protagonism in the management of evidence, contradicting the ecology of knowledges conception and the concept of truth-affinity. Thus, it is proposed in the thesis the realization of psychological listening of children and adolescents victims of sexual violence.